Opinion
June 13, 1967
Order entered November 23, 1966 denying the appellants' motions to dismiss the petition unanimously reversed, on the law, and the motions are granted and the petition is dismissed, with $50 costs and disbursements to the respondents-appellants. The petitioner seeks an order directing the respondents-appellants Thoroughbred Racing Protective Bureau, and the New York Racing Association, Inc., to cease barring petitioner from the race tracks under their management, and directing the New York State Racing Commission to require the New York Racing Association and the Thoroughbred Racing Protective Bureau, Inc., to admit petitioner to its tracks. It has been held that the operator of a race track may exclude a person for any reason other than on the grounds stated in section 40 Civ. Rights of the Civil Rights Law those being race, creed, color or national origin. ( Madden v. Queens County Jockey Club, 296 N.Y. 249.) The petition does not bring petitioner's exclusion within the ambit of the Civil Rights Law and hence the petition should be dismissed.
Concur — Eager, J.P., Steuer, Capozzoli, Rabin and McNally, JJ.